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APCD Hearing Board

The APCD Hearing Board is a five member quasi-judicial body whose purpose is to decide on matters of conflict between the Air District and industry and to act at the time of an air pollution emergency resulting from an upset or breakdown. The Hearing Board is an independent body, appointed at-large by the APCD Board and consists of an attorney practicing law in California, a registered professional engineer, a member of the medical profession, and two public members.

The Hearing Board issues variances from Air District rules and regulations from Health and Safety Code Section 41701; issues abatement orders requiring a source to cease and desist from a particular act unless specified conditions are met and; resolves permit disputes. A petition for hearing is required to be filed with the APCD Clerk in order to obtain a hearing.

You might want to think of the function of the Hearing Board in this way:

  • The APCD Board adopts rules and regulations (legislative function).
  • The Hearing Board applies rules and criteria to specific persons and situations (judicial function).
  • The Air Pollution Control Officer implements and enforces rules, regulations, permits and orders (executive function).

To find out more on the APCD Hearing Board procedures go to the Regulation VIII—Procedures Before the Hearing Board in the SLO County APCD's Rules & Regulations.

To find out more about small business compliance solutions and answers on variances check out our Small Business Solutions Brochure.

 

Upcoming Hearing Board Actions

Continued Public Hearing on Petition 17-01  

Tuesday, January 30, 2018 at 9:00am

County Government Center
Board of Supervisors Chambers
1055 Monterey Street
San Luis Obispo, CA 93401

Interested persons may appear at this hearing and give testimony. 

November 13, 2017 Hearing Agenda

Written Public Comment Related to Petition 17-01

Stanley Fisher Public Comment
Richard Wishner Public Comment
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riends of the Oceano Dunes Public Comment
Additional Friends of the Oceano Dunes Comment - Tom Roth
Sierra Club Public Comment
Rachelle Toti Public Comment
Pamela Dunlop Public Comment
Arlene Versaw Public Comment
Martin Akel Public Comment
Rosemary Nelson Public Comment
Charles Getzoff Public Comment

APCD Hearing Materials Related to Petition 17-01

APCD Staff Report
APCD Proposed Abatement Order (Amended)
APCD Document List (Amended)
APCD Witness List (Amended)
APCD Exhibit 1 - APCD Phase1_SouthCountyPMStudy-2007
APCD Exhibit 2 - APCD Phase 2_SouthCountyPMStudy-2010
APCD Exhibit 3 - SouthCountyCommunityMonitoringProject
APCD Exhibit 4 - DRI Wind and PM10 Character_2013 Assess Monitoring_09-22-2014
APCD Exhibit 5 - 2013_Pl-SWERL_Report of Findings_07_2015_Final
APCD Exhibit 6 - ODSVRA Air Quality Studies - APCD Summary - Sept 2016
APCD Exhibit 7- SVRA Complaints
APCD Exhibit 8 - PM Std Violations 2012-2017
APCD Exhibit 9 - Rule1001C.3 Violations - July 2015-June 2017
APCD Exhibit 10 - EPALtr-04-15-2015_Allen_SLO
APCD Exhibit 11 - CCC Ltr to SP on 2017 Emergency Permit
APCD Exhibit 12 - Health Commission 2017-05-15 Ltr to Board of Supervisors
APCD Exhibit 13 - APCDRule1001
APCD Exhibit 14 - 2014-03-18 Consent Decree Oceano Dunes - Final
APCD Exhibit 15 - Methodology to Assess Mitigations
APCD Exhibit 16 - AQ Report Appendices
APCD Exhibit 17 - SPVegetationIslandStudy-2007
APCD Exhibit 18 - Representativeness of Oso Control Site Monitor
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PCD Exhibit 19 - APCO Email to OHMVR on Potential NOV 4-14-17
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PCD Exhibit 20 - APCD Notice to SP Per Agreement 5-5-17
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PCD Exhibit 21 - NOV 2963 Issuance Letter 6-12-17
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PCD Exhibit 22 - NOV 2963 Mutual Settlement Letter, NOV and Maps
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PCD Exhibit 23 - APCD Response to SP 7-21-17

State Parks Hearing Materials Related to Petition 17-01 (this section is currently being updated)

State Parks Witness and Exhibit List
State Parks Answer to Petition Abatement Order 11-8-17
State Parks Exhibit 1 - Transcript of Rule 1001 Hearing 11-11-11
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tate Parks Exhibit 2 - Friends of Oceano Dunes Petition (Case CV120013)
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tate Parks Exhibit 3 - Friends of Oceano Dunes Petition (CV130457)
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tate Parks Exhibit 4 - Consent Decree 3-26-14
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tate Parks Exhibit 5 - Friends of the Oceano Dunes Petition (Case 14CV0514)
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tate Parks Exhibit 6 - Consent Decree Amendment 9-24-14 
State Parks Exhibit 7 - Friends of the Oceano Dunes Appeal -Opinion (Case B248814)
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tate Parks Exhibit 8 - Friends of the Oceano Dunes Appeal-Order Modifying Opinion
State Parks Exhibit 9 - Friends of the Oceano Dunes Petition (Case 16CV0013)
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tate Parks Exhibit 10 - Friends of the Oceano Dunes- Ruling on Scope of Judgement
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tate Parks Exhibit 11 - Friends of the Oceano Dunes Petition (Case 16CV0160)
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tate Parks Exhibit 12 - Draft EIR 7-2016
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tate Parks Exhibit 13 - Draft EIR - Appendices 
State Parks Exhibit 14 - Final EIR 3-2017
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tate Parks Exhibit 15 - APCD Letter 6-12-17
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tate Parks Exhibit 16 - Parks Letter 6-16-17
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tate Parks Exhibit 17 - APCD Letter 7-6-17
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tate Parks Exhibit 18 - Parks Letter 7-21-17
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tate Parks Exhibit 19 - APCD Letter 7-25-17
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tate Parks Exhibit 20 - Parks Special Master Brief 8-25-17
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tate Parks Exhibit 21 - APCD Special Master Brief 8-31-17
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tate Parks Exhibit 22 - CCC Staff Report (TH23B)
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tate Parks Exhibit 23 - CCC Staff Report - Addendum (TH23B)
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tate Parks Exhibit 24 - CCC Staff Report - Correspondences (TH23B)
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tate Parks Exhibit 25 - CCC Staff Report - Exhibits (TH23B)
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tate Parks Exhibit 26 - CCC Notice of Decision
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tate Parks Exhibit 27 - Notice of Hearing 9-28-17
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tate Parks Exhibit 28 - Parks Letter 10-10-17
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tate Parks Exhibit 29 - Pre-Hearing Conference Letter 10-11-17
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tate Parks Exhibit 30 - Petition for Abatement Order 10-14-17
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tate Parks Exhibit 31 - APCD Notice 10-16-17
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tate Parks Exhibit 32 - Friends of the Oceano Dunes Petition (Case 17CV0576)
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tate Parks Exhibit 33 - Chair Letter 10-24-17
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tate Parks Exhibit 34 - Pre-Hearing Conference Agenda 10-24-17
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tate Parks Exhibit 35 - APCD Letter 10-25-17
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tate Parks Exhibit 36 - Chair Letter 10-26-17
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tate Parks Exhibit 37 - Notice of Hearing 10-27-17
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tate Parks Exhibit 38 - Parks Request for Continuance 11-3-17
State Parks Exhibit 40 - 1939 Aerial Dune Preserve
State Parks Exhibit 40 - Axh-1939-Army 102-113
State Parks Exhibit 40 - Axh-1939-Army-102-114
State Parks Exhibit 40 - Axh-1939-Army-102-115
State Parks Exhibit 40 - Axh-1939-Army-102-117
State Parks Exhibit 40 - Axh-1939-Army-102-119
State Parks Exhibit 40 - MIL AIr Photo Flights Imagery Report
State Parks Exhibit 40 - Teledyne - Fairchild - A74
State Parks Exhibit 40 - Teledyne - Fairchild - A76
State Parks Exhibit 40 - Teledyne - Fairchild - A113
State Parks Exhibit 40 - Teledyne - Fairchild - A115
State Parks Exhibit 40 - Teledyne - Fairchild - A144
State Parks Exhibit 40 - Teledyne - Fairchild - A146
State Parks Exhibit 40 - Teledyne - Fairchild - A148
State Parks Exhibit 40 - Teledyne - Fairchild - A174
State Parks Exhibit 40 - Teledyne - Fairchild - A176
State Parks Exhibit 40 - Teledyne - Fairchild - A178
State Parks Exhibit 40 - Teledyne - Fairchild - A197
State Parks Exhibit 40 - Teledyne - Fairchild - A199
State Parks Exhibit 40 - Teledyne - Fairchild - A221
State Parks Exhibit 40 - Teledyne - Fairchild - Index
State Parks Exhibit 41 - Up and Down California Excerpt
State Parks Exhibit 42 - Larry Hunt Original Aeolian Sand Dunes in Santa Maria Basin
State Parks Exhibit 44 - CGS Review of SLO Phase 2
State Parks Exhibit 45 - tra OHMVR Phase 2 Comments
State Parks Exhibit 46 - Sand Grain Size Analyses Part 1
State Parks Exhibit 47 - Sand Grain Size Analyses Part 2
State Parks Exhibit 48 - Final Pilot Project Report 15-9-2011
State Parks Exhibit 49 - 11-1-2011 CGS Report, Draft Rules with Figures
State Parks Exhibit 50 - TRA SLO Attach 2011112 Final
State Parks Exhibit 51 - CGS Memo - Scientific Concerns Regarding Rule 1001
State Parks Exhibit 52 - DRI Oceano Dunes Wind PM Characteristics 
State Parks Exhibit 53 - PI SWERL Measurements July 2014 
State Parks Exhibit 54 - 2013 PI SWERL Addendum
State Parks Exhibit 55 - DRI SPring 2014 Dust Control Proposal
State Parks Exhibit 56 - DRI Oceano Dune Wind PM Conditions
State Parks Exhibit 57 - Gillies and Lancaster 2013
State Parks Exhibit 58 - DRI Dust Control Proposal 2015
State Parks Exhibit 59 - DRI Executive Summary of Spring 2015 Dust Control Proposal 12-4-14
State Parks Exhibit 60 - DRI Analyses and Summary of Key Findings
State Parks Exhibit 61 - DRI Analyses of Environmental Data Associated with Sand Fence
State Parks Exhibit 62 - CGS Results of Sieve Analyses of Dune Sand
State Parks Exhibit 63 - DRI Analyses of Environmental Data w/ Sand Fence Array
State Parks Exhibit 64 - DRI Updated Wind Erodibility Measurements
State Parks Exhibit 65 - Explanation of Emission Factor Addendum 
State Parks Exhibit 66 - Explanation of emission factor emissions using spatial average
State Parks Exhibit 67 - CGS Acreage Analysis Related to Saltation Potential
State Parks Exhibit 68 - Gilies et al
State Parks Exhibit 69 - Modeling dust transport from ODSVRA
State Parks Exhibit 70 - Oso Flaco Memo
State Parks Exhibit 71 - CGS Memo Acreage Analysis
State Parks Exhibit 72a - ODSVRA DRI Briefing Doc 11-7-2017
State Parks Exhibit 72b - Intro to Dune Geology and Dust Emissions at ODSVRA 11-8-2017
State Parks Exhibit 73 - Signed and Dated SM Mediation Report 10-11-17
State Parks Exhinit 74 - PMRP Third Draft 3-29-13
State Parks Exhibit 75 - APCD Accept Letter
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tate Parks Exhibit 76 - Dust Control Projects Results 2014
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tate Parks Exhibit 77 - Analyses Sand Fence 2015
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tate Parks Exhibit 78 - Analyses Sand Fence 2016
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tate Parks Exhibit 79 - Met One 2016 Oceano Network Summary of Findings
State Parks Exhibit 80 - Woodlands Specific Plan EIR
State Parks Exhibit 81 - Woodlands Specific Plan EIR Appendices
State Parks Exhibit 82 - Woodlands Specific Plan Supplemental EIR
State Parks Exhibit 83 - Cypress Ridge Board of Supervisors Minutes
State Parks Exhibit 84 - Cypress Ridge Board of Supervisors Findings (Exhibit A)

Additional Documentation Related to Petition 17-01

September 28, 2017 Hearing Board Notice

Petition for Abatement Order Number 17-01

October 16, 2017 Hearing Board Meeting Agenda (Amended)

October 10, 2017 Request for Hearing Continuance - State Parks

October 11, 2017 Notice of set Pre-Hearing Conference

October 13, 2017 Notice of Continuance

October 27, 2017 Continued Hearing Notice

November 3, 2017 Request for Hearing Continuance #2 - State Parks

Denial of Second Hearing Board Continuance 11-7-17